Stay a writ of control and set aside the judgment

If you can show that:

you did not know about the judgment (for example, you changed address), and,
you have a reasonable prospect of success at defending the original claim,
If the judgment is more than 21 days ago, explain why the application is late.

The Court may put a temporary stop on the enforcement while you apply to re-list the claim for a new hearing.

Download from the HM Court Service website and complete a form N244 "application notice", and make a witness statement.

The court fee for an N244 without notice is £100. If you are on a low income, claim court fee remission online and put the application reference number on your form N244.

Then apply to the High Court in London, or the High Court district registry that issued the writ.

Apply to the High Court in London, staff at district registeries are not familiar with this procedure.

The master may grant a temporary stay until you apply to your home County Court to re-list the claim for a hearing. The stay continues until further order by that court.

The Law:

Civil Procedure Rule 27.11 (CPR 27.11) states:

(1) A party –

(a) who was neither present nor represented at the hearing of the claim; and

(b) who has not given written notice to the court under rule 27.9(1),

may apply for an order that a judgment under this Part shall be set aside and the claim re-heard.

(2) A party who applies for an order setting aside a judgment under this rule must make the application not more than 14 days after the day on which notice of the judgment was served on him.

(3) The court may grant an application under paragraph (2) only if the applicant –

(a) had a good reason for not attending or being represented at the hearing or giving written notice to the court under rule 27.9(1); and

(b) has a reasonable prospect of success at the hearing.

(4) If a judgment is set aside –

(a) the court must fix a new hearing for the claim; and

(b) the hearing may take place immediately after the hearing of the application to set the judgment aside and may be dealt with by the judge who set aside the judgment.

Defend it! - Search Trust Online and get the claim number, then ask the court for a copy of the claim.

If you face imminent enforcement action, or money or goods/vehicle have already been taken, you can still apply, and they will be returned if your application is granted.

You can claim damages for the deprivation of use of the goods along with the cost of collecting them from the bailiffs premises. These are called "Special Damages".

This also stops bailiff's fees, execution costs and the transfer fee.

CPR 46.5. Always always for your costs as a litigant in person.

These are ordered against and recoverable from the judgment creditor. The creditor can recover them from the bailiff company if they choose, because it was the bailiff company's advice to transfer up the claim to the High Court that exposed them to your costs. Since 2014, enforcement regulations for county court judgments and High Court writs are IDENTICAL. Only the bailiff company benefits by transferring up a judgment to the High Court to avail themselves to a higher fee regime.